Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: BillHKLee on June 05, 2025, 07:01:20 pm

Title: Re: Parking charge notice - no parking at anytime from NCP
Post by: b789 on June 06, 2025, 06:59:18 pm
An unsuccessful POPLA decision is not binding on you. You just carry on the fight with our assistance. We will advise you on how to proceed through each stage until this goes away.
Title: Re: Parking charge notice - no parking at anytime from NCP
Post by: BillHKLee on June 06, 2025, 06:53:01 pm
But it seems you think my appeal to POPLA will fail?

What would happen if that’s the case?
Title: Re: Parking charge notice - no parking at anytime from NCP
Post by: b789 on June 06, 2025, 11:31:35 am
That's a pity. However, you still have a good case to fight this. I doubt POPLA will agree, but then they are simply looking out for their paymasters. That doesn't mean you shouldn't appeal anyway. If it is unsuccessful, it doesn't really mayor because their decision is not binding on you.

The sign you've shown us as their evidence is damning... for NCP. I don't see how the charge has been adequately brought to the attention of the driver. Also, those terms and conditions are unreadable.

If you want to fight it, let us know.
Title: Re: Parking charge notice - no parking at anytime from NCP
Post by: BillHKLee on June 05, 2025, 07:59:41 pm
I’m afraid I’ve.
Title: Re: Parking charge notice - no parking at anytime from NCP
Post by: b789 on June 05, 2025, 07:23:18 pm
That Notice to Keeper (NtK) is not compliant with PoFA paragraph 9(2)(a). This means that the liability for the charge cannot be transferred from the unknown driver to the known Keeper... unless the Keeper blabbed the drivers identity, inadvertently or otherwise, usually by not referring to the driver in the third person.

You say you've made representations. Have you blabbed the drivers identity by using something lie "I did this or that" instead of "the driver did this or that"?
Title: Re: Parking charge notice - no parking at anytime from NCP
Post by: BillHKLee on June 05, 2025, 07:05:35 pm
Signage at the site, provided by NCP as one of the evidences

[attachment deleted by admin]
Title: Re: Parking charge notice - no parking at anytime from NCP
Post by: BillHKLee on June 05, 2025, 07:02:46 pm
Add the notice from NCP

[attachment deleted by admin]
Title: Parking charge notice - no parking at anytime from NCP
Post by: BillHKLee on June 05, 2025, 07:01:20 pm
I parked my car at NCP Windsor Alma Road, England 23/May/2025.

I received a PCN a few days ago saying I’ve breached car park T&C ‘No parking at anytime’.

At first I thought it’s related to my payment (extended the session twice), hence appealed with relevant evidence.

Of course my appeal has failed.

From the evidence provided by NCP, my car was parked inside bay 9, marked out by yellow line, and if look closely, bottom part of printed ‘NCP’ is there as well.
 
NCP’s own notice has said bay 9 is NCP Custom Bay.

I’ve emailed NCP appeal team the meaning of ‘No parking at anytime’, and no explanation has been given.

So here comes my question:

1. What exactly is ‘No parking at anytime’?

2. Do I stand any chance in appealing to Parking On Private Land Appeals (POPLA)?

Pic 1 - one of the evidences provided by NCP

[attachment deleted by admin]